Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Death and later resentenced or commuted to Life |
Years Imprisoned: |
7 |
Year Crime: |
1936 |
Year Convicted: |
1947 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
New South Wales |
City of Crime: |
Grenfell |
Result: |
Judicially Exonerated after Pardon |
Summary of Case: |
"Frederick McDermott was wrongfully convicted in 1947 of a murder committed in 1936 in New South Wales. McDermott's conviction was based on his recanted confession while drunk years after the murder, and the incompetent or dishonest evidence of prosecution forensic witnesses. McDermott was sentenced to death, which was later commuted to life in prison. After seven years of imprisonment a Royal Commission determined McDermott was innocent, and he was pardoned in 1954 and released. McDermott died in 1977. On November 28, 2012 the New South Wales Court of Appeals posthumously quashed McDermott's conviction as a miscarriage of justice. It was the first time in Australian legal history that the appeals court had posthumously vacated a conviction." |
Conviction Caused By: |
Incompetent or dishonest evidence of prosecution forensic scientists. |
Innocence Proved By: |
"In 1954 a Royal Commission establsihed McDermott's innocence and he was released. On November 28, 2012 the New South Wales Court of Appeals posthumously quashed McDermott's conviction." |
Defendant Aided By: |
Frederick McDermott had already served five years of a life sentence for murder when Farrell unearthed new evidence about the case. A Royal Commission eventually found McDermott had been the victim of a grave miscarriage of justice. Investigation by reporter Tom Farrell of The Daily Telegraph led to McDermott's exoneration.. |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Not guilty of murder - after 65 years, By Paul Bibby (Court Reporter), Sydney Morning Herald, November 29, 2012" |
Information Location 1: |
http://www.smh.com.au/nsw/not-guilty-of-murder--after-65-years-20121128-2aegs.html |
Information Source 2: |
"Dead man's conviction quashed in Australian first, By Karl Hoerr and Jamelle Wells (staff), ABC News, November 28, 2012" |
Information Location 2: |
http://www.abc.net.au/news/2012-11-28/dead-man27s-conviction-quashed-in-australian-first/4396742 |
Information Source 3: |
"Forensic DNA testing: Where technology trumps due process, June 30, 2002" |
Information Location 3: |
http://home.iprimus.com.au/dna_info/dna/ |
Information Source 4: |
The best Australian journalism of the 20th century - 1950s |
Information Location 4: |
http://www.fifth.estate.rmit.edu.au/November/104.htm |
Information Source 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org